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I. BankSight Website Terms

Welcome to the BankSightTM web site (the “Web Site”). The Web Site is owned and operated by BankSight Software Systems, Inc. (hereinafter, “BankSight”). BankSight provides its services to you subject to the following conditions. If you visit this Web Site, you accept these conditions. Please read them carefully.

BankSight may, without notice to you, at any time revise these Terms of Use and any other information contained in this Web Site by updating this posting. BankSight may also make improvements or changes in the products, services, or programs described in this Web Site at any time without notice.

1. LEGAL JURISDICTIONS ONLY

The services and products described on this Web Site are only for persons in those states and jurisdictions where such products and services may legally be sold. Nothing on this Web Site shall be considered a solicitation to buy or an offer to sell any products or services to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful.

2. GENERAL

This Web Site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without BankSight’s prior written consent, except that BankSight grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this Web Site, solely on your computer or other device and for your personal, non-commercial use of this Web Site. This permission is conditioned on your not modifying the content displayed on this Web Site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this Web Site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this Web Site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.
Your failure to comply with the terms, conditions, and notices on this Web Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, BankSight does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this Web Site on another Web site or in any other media. Content on this Web Site may contain references to BankSight products and services that are not announced or available in your country. Such references do not imply that that those products or services are available in your country. The contractual terms applicable to BankSight’s products and services are governed solely by the written agreements under which they are provided to its customers.

3. THIRD PARTY INFORMATION

Although BankSight monitors the information on the Web Site, some of the information is supplied by independent third parties. While BankSight makes every effort to insure the accuracy of all information on the Web Site, BankSight makes no warranty as to the accuracy of any such information.

4. LINKING TO THIS WEB SITE

All links to this Web Site must be approved in writing by BankSight, except that BankSight consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web Site or use other techniques that alter in any way the visual presentation or appearance of any content within this Web Site; (b) misrepresent your relationship with BankSight; (c) imply that BankSight approves or endorses you, your Web Site, or your service or product offerings; and (d) present false or misleading impressions about BankSight or otherwise damage the goodwill associated with the BankSight name or trademarks. As a further condition to being permitted to link to this Web Site, you agree that BankSight may at any time, in its sole discretion, terminate permission to link to this Web Site. In such event, you agree to immediately remove all links to this Web Site and to cease using any BankSight trademark.

5. DISCLAIMER OF WARRANTY

TO THE EXTENT PERMITTED BY LAW, USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. BANKSIGHT EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, BankSight MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

6. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL BANKSIGHT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF BankSight IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this Web Site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.

7. APPLICABLE LAW

By visiting this Web Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will exclusively govern these Terms of Use and any dispute of any sort that may arise between you and BankSight.

II. BankSight Software License Terms

1. PERMITTED LICENSE USES AND RESTRICTIONS
The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the “Software”) are licensed, not sold, to you by BankSight, Inc. (“BankSight”) for use only under the terms of this License, and BankSight reserves all rights not expressly granted to you. The rights granted herein are limited to BankSight’s intellectual property rights in the BankSight Software and do not include any other patents or intellectual property rights. You own the media on which the BankSight Software is recorded but BankSight and/or BankSight’s licensor(s) retain ownership of the Software itself.
 
2. PERMITTED LICENSE USES AND RESTRICTIONS
Permitted License Uses and Restrictions. This License allows you to use one (1) copy of the Software under a single domain name at a time. This License makes the Software available over a network where it could be used by multiple devices or multiple computers at the same time. You may make one copy of the Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software or any part thereof. Any attempt to do so is a violation of the rights of BankSight and its licensors of the Software. If you breach this restriction, you may be subject to prosecution and damages.
 
3. TRANSFER

You may not rent, lease, lend or sublicense the Software.

4. TERMINATION

This License is effective until terminated. Your rights under this License will terminate automatically without notice from BankSight if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the BankSight Software and not be able to access the same.

5. LIMITED WARRANTY ON MEDIA

BankSight warrants the media on which the Software is recorded and delivered by BankSight to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your
exclusive remedy under this Section shall be, at BankSight’s option, replacement or upgrade of the Software to rectify the defect. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

6. LIMITED WARRANTY ON MEDIA

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DANGER AND DANGER’S LICENSORS (COLLECTIVELY REFERRED TO AS “DANGER” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DANGER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERRORFREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DANGER SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DANGER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF DANGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall BankSight’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

8. THIRD PARTY NOTICES AND CONDITIONS

The Software may include or utilize certain software libraries which are available as open source, the source code of which is available under the following licences:

a. The Apache Software License, Version 2.0

b. The MIT License (MIT)

c. CDDL + GPLv2 with classpath exception

d. Apache License, Version 2.0-MIT License

e. CDDL 1.1-GPL2 w/ CPE-Apache License, 2.0-Public Domain-Modified BSD

f. GNU Library General Public License v2.1 or later

g. The JSON License

h. BSD 3

BankSight does not make any modification to these sources.

9. COMPLETE AGREEMENT; GOVERNING LANGUAGE
Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by BankSight.